Sunday, November 13, 2011

Infosys Again

Infosys is again in the news. And it ain't good, sort of like before. Not just that a Federal court has denied Infosys arbitration in the lawsuit with Jack Palmer, a whistle blower employee who exposed its criminal abuse of the B-1 visa, reported here earlier, but the lawsuit has exposed Infosys as a serial violator of immigration law, not just in the B-1 category, but in the H-1B and L-1 as well. Even though the much vaunted H-1B from India ain't that bright.

In a major setback to IT bellwether Infosys, a US court has denied arbitration in the visa case filed by employee Jack Palmer against the software major.

Palmer had earlier alleged Infosys was misusing H1B visa norms by sending low-level and unskilled employees to the US on B1 visas instead,which are typically used for short-term business travel. Infosys was illegally sending employees from India to the US to work in full-time posts at its customer sites against the immigration laws.

Palmer had initially filed a whistleblower complaint and thereafter a case in a civil court in the US...

Palmer, who has been working with the company since 2008, further said that Infosys managers in the US were intentionally committing fraud to avoid paying taxes locally and that the company mistreated him when he filed a complaint as part of the whistleblower policy.

The H-1B visa progamme, the holy grail of skilled work-based migration to the US, provides more than 10,000 Indians temporary employment rights and a shot at permanent residence there.

“In the course of his employment, my client realised that Infosys was violating the law with respect to B-1 visas, but he also determined that many of the H-1B visa holders don’t have the specialised talent that is needed,” Kenny Mendelsohn, the attorney handling the case against Infosys, had told Firstpost earlier.

Speaking to ET Now on the matter, Infosys CFO, Balakrishnan said, “We have to go through legal process. It is too early to comment. We will go through the process and see where it ends.”

“Mr Palmer is not alone. There are two more whistle-blowers supporting the violations that he reported. The federal government is also investigating Infosys,” Mendelsohn told Firspost on 9 September.

But in an inadvertent admission of at least the partial truth, Infosys sent their top Human Resources executive to the U.S. to deal with the problem.

The question is how did she enter? B-1 or L-1?

After the first two complaints, Infosys relocated its head of human resources, Nandita Gurjar, to US. This time, the complaint has come from the Infosys’ human resources department in the US. Infosys’ head of immigration compliance Eshan Joshi was also asked to go on a sabbatical ever since the whistleblower complaints at Infosys have become public knowledge.

In either case, there is a problem? If a B-1 she is committing the same felony as the other B-1s Infosys sent to the U.S. If L-1, then the problem is how can Infosys claim that an HR professional has exclusive and confidential information, other than that of a criminal conspirator, that qualifies for an L-1 visa? If anything, the U.S. has a monopoly on the useless practice of Human Relations. In India they just fire employees on a whim. There is no practice of Human Relations in India. That is a profession found only in the United States. The personnel practices in India are much simpler. Perform or die. Or more accurately be fired.

In any event, the U.S. has the monopoly of Human Resources employment practices, and in the profession. So just how can Infosys claim that it must send an Indian citizen to the United States to practice Human Relations? Is there no HR professional in the United States that can fill the job? Did Infosys submit a petition or visa application claiming that there is no person in the United States that can fulfill such a position in defiance of all logic and practice of every corporation in the United States?

Obviously no. It is clear that Infosys has only one objective, the placement of Indian nationals in all positions of corporate responsibility not only to cover up the crime of using the B-1 visa in place of the H-1B visa, but to continue the policy of Infosys of replacing and removing Americans from any and all employment in the United States as possible; obviously only within the control of Infosys contracts, but as a racist and imperialist policy of hating the white man. Another import of hate from the Third World. Hate is not just for Islam, but Hindu haters as well.